§ 1-2. Definitions and rules of construction.  


Latest version.
  • In the construction of this Code and of all ordinances of the city, the following rules shall be observed, unless the context clearly requires otherwise:

    Board of Health. The words "Board of Health" mean the Mobile County Health Department.

    Bond. When a bond is required, an undertaking in writing shall be sufficient.

    City. The words "the city" shall mean the City of Mobile, in the County of Mobile and State of Alabama.

    City Council. The words "City Council" mean the City Council of the City of Mobile.

    Code of Ala. Whenever reference is made to Code of Ala., Tit. _______, § _______, such reference shall be to the State Code of Alabama (1975), as amended.

    Computation of time. The time within which an act is to be done shall be computed by excluding the first day and including the last. However, if the last day is Sunday, or a legal holiday as defined in Code of Alabama, 1-3-8, or a day on which the office in which the act must be done shall close as permitted by any law of this state, the last day also must be excluded, and the next succeeding secular or working day shall be counted as the last day within which the act may be done.

    Council. The word "Council" shall mean the City Council of the City of Mobile.

    County. The word "County" shall mean Mobile County, Alabama.

    Delegation of authority. Wherever a provision appears requiring the head of a department or some other city officer to do some act or perform some duty, it shall be construed to authorize the head of the department or other officer to designate, delegate, and authorize subordinates to perform the required act or perform the duty, unless the terms of the provision or section specify otherwise. Therefore, the definition of a city officer or employee shall be construed to include the duly authorized representative of the officer or employee.

    Gender. Words used in the masculine gender shall include the feminine and neuter.

    Health Officer. The words "Health Officer" shall mean the Mobile County Health Department.

    Joint authority. All words giving a joint authority to three (3) or more persons or officers give authority to a majority of such persons or officers, unless it is otherwise declared.

    May. The word "may" is permissive.

    Month. The word "month" shall mean a calendar month.

    Number. Words used in the singular include the plural, and the plural includes the singular number.

    Person. The word "person" shall include a corporation, firm, partnership, association, organization or any other group acting as a unit, as well as a natural person.

    Personal property includes every species of property except real property, as defined in this section.

    Police jurisdiction shall mean the territory outside, but within three (3) miles of the corporate limits of the city, but not including territory within the corporate limits of any other incorporated municipality.

    Preceding; following. The words "preceding" and "following" mean next before and next after, respectively.

    Property. The word "property" shall include real and personal property.

    Real property shall include lands, tenements and hereditaments.

    Shall. The word "shall" is mandatory.

    Sidewalk. The term "sidewalk" shall mean that portion of a street between the curb line and adjacent property line.

    Signature; subscription. "Signature" or "subscription" includes a mark when the person cannot write, if his name is written near the mark and witnessed by a person who writes his own name as a witness.

    State. The term "State" shall mean the State of Alabama.

    Street. The term "street" shall mean and include any public road, street, avenue, alley, boulevard, bridge, viaduct, trestle and the approaches to any bridge, viaduct or trestle, within the corporate limits of the city.

    Time. Words used in the past or present tense include the future as well as the past and present.

    Writing; written. The words "writing" or "written" shall include typewriting and printing on paper.

    Year. The word "year" shall mean a calendar year.

(Code 1965, § 1-2)